§ 8107-25.6. Ministerial tree permits and standards.

The Planning Director shall approve a Ministerial Tree Permit if the application is complete, the applicable fee has been paid, and all applicable certifications have been provided. Such certification must be based on at least one of the situations outlined in the following subsections, must indicate which of those subsections is being referred to, and must state that the recommended alteration is the only reasonable and appropriate alternative action. In lieu of a certified statement by a qualified tree consultant, an applicant may submit objective data such as photographs which allows the Planning Director to make the required determination.

Tree alteration shall be performed by the property owner or resident with consent of owner, or, by a qualified tree trimmer. The Planning Director shall impose standard conditions to ensure only the approved trees are altered, felled, or removed such as tree tagging and protective fencing for remaining trees. Alteration shall only occur in accordance with ISA standards.

Except as provided in Sections 8107-25.4, 8107-25.5, or 8107-25.7, no person shall alter, fell, or remove a Protected Tree without obtaining a ministerial tree permit for the following circumstances:

a.

The tree poses a significant threat to people, lawfully established structures or other trees because of such factors as: its continued growth; its probable collapse in the near future; or its potential to spread disease or pests; as determined and certified by a qualified tree consultant.

b.

The tree interferes with public utility facilities as certified by the tree maintenance supervisor for the utility, in consultation and concurrence with a qualified tree consultant.

c.

The tree interferes with the public safety or traffic line of sight or emergency vehicle movement as certified by a traffic engineer of the Ventura County Public Works Agency in consultation with a qualified tree consultant.

d.

The tree interferes with private sewer lines as certified by a plumbing contractor or other person doing the plumbing work and there is no alternative to removing the tree or altering roots or other elements of the tree as certified by a qualified tree consultant.

e.

Alteration, felling, or removal is necessary to construct improvements within the public right-of-way or within a flood control or other public utility right-of-way, as certified by a Registered Civil Engineer of the State of California in consultation and concurrence with a qualified tree consultant.

f.

The tree constitutes a public safety hazard as certified by a supervisor from any park or school district, County General Services Agency, or Fire Protection District in consultation with a qualified tree consultant.

g.

The trees to be felled and/or removed number six to ten (10) Protected Trees in any twelve (12) consecutive month period beginning with the date of the first tree removal, and their removal is required for necessary agricultural operations, or the expansion of existing or establishment of a new commercial agriculture on land under the same contiguous ownership provided that:

(1)

The land is zoned A-E, O-S or T-P, and

(2)

The trees to be removed are not classified as historical, and

(3)

A farm plan has been prepared for any proposed expansion of existing or establishment of new commercial agriculture, and

(4)

Records are kept of the dates that any protected trees are removed and such records or summaries thereof are submitted to the Planning Director.

h.

The trees to be felled and/or removed number eleven (11) to twenty-five (25) Protected Trees in any twelve (12) consecutive month period beginning with the date of the first tree removal, and their removal is required for necessary agricultural operations, or the expansion of existing or establishment of new commercial agriculture from land under the same contiguous ownership provided that:

(1)

The land is zoned A-E, O-S or T-P, and

(2)

The trees to be felled and/or removed are not classified as historical, and

(3)

A farm plan has been prepared for any proposed expansion of existing or establishment of new commercial agriculture, and

(4)

Records are kept of the dates that any protected trees are felled and/or removed and such records are submitted to the Planning Director, and

(5)

A field inspection by the Planning Director or designee has occurred.

i.

The tree(s) in its present form and/or location denies reasonable access to the subject property and/or the construction, maintenance, or use of the property in a manner permitted by zoning on the said property. No more than five protected trees may be cumulatively felled or removed from the subject property for this purpose, and no more than three of the five trees may be oak or sycamore trees and none of them may be "historical" or "heritage" trees. Trees may also be altered as necessary for this same purpose.

j.

The tree to be felled and/or removed is an "Introduced Protected Tree" located in the public easement or on public property, and permission to remove it has been granted pursuant to County Ordinance Code No. 2041 relating to Encroachments on County Highways and as it may be amended.

k.

The tree to be felled and/or removed is an "Introduced Protected Tree," as certified by a qualified tree consultant, and is located on private property.

(Am. Ord. 4092—6/27/95; Am. Ord. 4328—9/13/05)